Medtia v Hamid & Anor

Medtia v Hamid & Anor

The stay of enforcement of the costs certificate can no longer stand, and the Second Defendant is entitled to costs for his attendance, but only in a proportionate amount reflecting reasonable expenses and time for the day.

Parties
Claimant/appellant: Ajitsingh Medtia; First Defendant/respondent: Muneer Hamid; Second Defendant: Richard Clare
Jurisdiction
England and Wales
Judgment Date
21 May 2004
Procedural Posture
Civil Appeal / Preliminary Order on Costs Pending Substantive Appeal
Outcome
Stay lifted; costs awarded to Second Defendant
Legal Topics
Costs, Stay of Execution, Litigant in Person
Civil Procedure Costs Stay of Execution Litigant in Person

Case Brief

Summary, issues, holding and outcome

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Parties

Ajitsingh Medtia

Claimant/appellant

Muneer Hamid

First Defendant/respondent

Richard Clare

Second Defendant

Procedural Posture

Civil Appeal / Preliminary Order on Costs Pending Substantive Appeal

Legal Issues

  1. 1 Whether the stay of enforcement of the costs certificate should continue
  2. 2 Whether the Second Defendant is entitled to costs for attending the hearing

Ratio Decidendi

The stay of enforcement of the costs certificate can no longer stand, and the Second Defendant is entitled to costs for his attendance, but only in a proportionate amount reflecting reasonable expenses and time for the day.

Court Disposition

Stay lifted; costs awarded to Second Defendant

Orders

  • Stay of enforcement of costs certificate no longer stands
  • Costs of £350 awarded to Second Defendant